Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12

Brooks v Gannon Constructions Pty Limited [2017] NSWCATCD 12

The builder breached statutory warranties by failing to provide corrosion protection for structural steel and other items. The only available defence is that under s18F, which was not met (no written advice to owner). The builder was not entitled to contractual or quantum meruit defences for defects or variations. The preferred remedy of rectification was rebutted due to builder’s financial circumstances and breakdown of relationship; thus, a monetary order was made.

Parties
Applicant Homeowner: Christopher Brooks; Respondent Builder: Gannon Constructions Pty Limited
Jurisdiction
Australia
Judgment Date
02 March 2017
Procedural Posture
Building Claim / Final Judgment
Outcome
Judgment for applicant; builder liable for defective works and no set-off for variations; monetary order made.
Legal Topics
Statutory Warranty, Defective Work, Contractual Defences, Variation Claims, Rectification Orders
Home Building Consumer Law Statutory Warranty Defective Work Contractual Defences Variation Claims Rectification Orders

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Parties

Christopher Brooks

Applicant Homeowner

Gannon Constructions Pty Limited

Respondent Builder

Procedural Posture

Building Claim / Final Judgment

Legal Issues

  1. 1 Whether the builder breached statutory warranties under the Home Building Act 1989 (NSW)
  2. 2 Whether the builder can rely on contractual or s18F defences to liability for defects
  3. 3 Assessment of liability and quantum for certain disputed defects

Ratio Decidendi

The builder breached statutory warranties by failing to provide corrosion protection for structural steel and other items. The only available defence is that under s18F, which was not met (no written advice to owner). The builder was not entitled to contractual or quantum meruit defences for defects or variations. The preferred remedy of rectification was rebutted due to builder’s financial circumstances and breakdown of relationship; thus, a monetary order was made.

Court Disposition

Judgment for applicant; builder liable for defective works and no set-off for variations; monetary order made.

Orders

  • The respondent is to pay the applicant the sum of $105,836.57 immediately.
  • Provision made for further submissions on costs by specified dates.